Recent cases in Victoria and South Australia of individuals knowingly transmitting HIV and Prime Minister John Howard’s foray into the debate with his proposed sanctions for HIV-positive migrants have raised the profile of debate over HIV containment policies. Responding to the controversy from a WA perspective, Western Australian AIDS Council (WAAC) Executive Director Trish Langdon says that policies towards individuals with HIV/AIDS must consider the need for sound public health policy as well as provide legal recourse for extreme cases of criminal behaviour when an individual intentionally puts another individual at risk for the disease.
Currently, the Australian Federation of AIDS Organisations (AFAO) position paper states, ‘AFAO and its member organisations favour the use of public health interventions over criminal sanctions in responding to HIV/AIDS, wherever this is possible and appropriate. This is consistent with guiding principles expressed in the UNAIDS policy options paper, ‘Criminal Law, Public Health and HIV Transmission’. We believe that prevention of HIV transmission should be the primary goal of public policy in forming responses to HIV/AIDS. While AFAO recognises the rights of victims of crime to seek justice, these rights need to be balanced against the public health policy objective of reducing HIV transmission’.
Ms. Langdon echoed AFAO’s concerns, saying that, in the aftermath of cases such as those in Victoria and South Australia, society must be careful not to demonize people with HIV/AIDS. ‘Criminal sanctions should not be the only way. It should be a matter of last resort. We have to be careful about the flip side, which is scaring people away from treatment and testing’, Ms. Langdon said. ‘We have always had a case management in WA, so if positive people are having difficulties maintaining safe sex behaviour, they can seek counselling… a supportive, holistic approach is taken. If given that, people still find it hard, there is a public health approach. It is made very clear what the consequences can be, but it is done in a supportive way’ she added.
In extreme cases, where an HIV-positive person continued to engage in behaviour that intentionally put partners at risk, Ms Langdon explained that ‘they are accommodated in a secure environment where they can receive counselling and services’.
Ms. Langdon emphasized that everyone has a responsibility for their sexual health and the sexual health of their partner.
